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(1) The owner or other person entitled to lawful possession of an immobilized or towed vehicle shall have the right to a hearing to determine the validity of such immobilization or towing.

(2) The hearing request must be submitted in writing to the municipal court within fourteen days after the vehicle is immobilized.

(3) The hearing shall be conducted by the municipal court judge within fourteen days of receipt of a proper request filed pursuant to this section; provided however, that in all cases where a vehicle has been towed and not yet released at the time the request is filed, the municipal court shall set and conduct the hearing within 72 hours of receipt of the hearing request, excluding Saturdays, Sundays and holidays.

(4) The hearing shall afford a reasonable opportunity for the person requesting it to demonstrate by the statements of witnesses and other evidence that the immobilization, tow and storage of the vehicle was invalid or unjustified. The hearing shall not be determinative of or adjudicate any parking citation issued relative to any immobilized vehicle.

(5) If the municipal court finds, by substantial evidence, that the immobilization, tow and/or storage was for any reason unjustified, he shall order that the vehicle, if still held, be immediately released, that the owner or any other person who has a financial interest in the vehicle are not liable for the immobilization fee, tow and storage charges, and order the return of any money paid for immobilization fee, tow and storage charges to the person who paid such charges. In any case, where the municipal court orders the vehicle to be released, the vehicle must be picked up by the person entitled to possession within twenty-four hours to avoid further storage charges. If the vehicle is not claimed within this time period, then it will not be released until the additionally accruing charges, if any, are paid by the person entitled to possession of the vehicle.

(6) If the municipal court finds by substantial evidence that the immobilization fee, tow and/or storage charges are justified, he shall order that the vehicle, if still held, continue to be held until all bail, fines, immobilization fees, tow and storage charges are paid. The vehicle must be picked up by the person entitled to possession within twenty-four hours after the decision of the municipal court to avoid further storage charges. If the vehicle is not claimed within this time period, then it will not be released until the additionally accruing charges are paid by the person entitled to possession of the vehicle.

(7) Any person who has a hearing scheduled pursuant to this section and without good cause shown, as determined by the municipal court, fails to appear at such hearing, shall not be entitled to have such hearing rescheduled.

(8) The owner and any other person who has an interest in the vehicle shall only be entitled to one hearing for each immobilization and tow of that vehicle.

(9) The determination of the municipal court is final and is not subject to appeal.

[Added Sec. 3, Ord. No. 5390, Apr. 4, 1985 - effective midnight, June 30, 1985.]